Every child thus reared learns to hate an Indian because he always hears him spoken of as an enemy. From the cradle he listens continually to horrid tales of savage violence and becomes familiar with narratives of aboriginal cunning and ferocity. Every family can number some of its members or relatives among the victims of a midnight massacre or can tell of some acquaintance who has suffered a dreadful death at the stake. Traditions of horses stolen and cattle driven off and cabins burned are numberless told with great minuteness and listened to with intense interest. With persons thus reared hatred towards an Indian becomes a part of their nature and revenge an instinctive principle.

James Hall, The Romance of Western History, or, Sketches…, 1835.


David Fautsch, ‘An Analysis of Article 28 of the United Nations Declaration on the Rights of Indigenous Peoples, and Proposals for Reform’, Michigan Journal of International Law 31, 2 (2010).

via TurtleTalk

TOC:

Introduction………………………………………………………………………….. 450
I. Article 28 in the Courts: A Theoretical Analysis ……. 454
A. Repeat Players and One-Shotters……………………………….. 454
B. Article 28 Is Susceptible to Abuse ………………………………. 457
II. Problems with Implementation and Enforcement of
Judgments: Examples from South Africa
and Nicaragua ……………………………………………………………. 459
A. South Africa…………………………………………………………….. 460
1. The Richtersveld Case ………………………………………… 460
2. Land Rights in the Wake of Richtersveld……………….. 462
B. Nicaragua……………………………………………………………….. 464
1. The Awas Tingni Case…………………………………………. 464
2. Land Rights in the Wake of Awas Tingni ……………….. 465
III. How the United Nations and Other International
Organizations Can Improve the Meaning and Efficacy
of Article 28 ………………………………………………………………. 468
A. Oversight, Monitoring, and Empowerment………………….. 468
B. Institutional Capability and Political Pressure …………….. 471
Conclusion …………………………………………………………………………….. 472


table bay, 1652

16Apr10

Charles Bell (1813-82), Jan van Riebeeck arrives in Table Bay in April 1652, via wiki.


Noel Parker, ‘Empire as Geopolitical Figure’, Geopolitics 15, 1 (2010).

Abstract:

This article analyses the ingredients of empire as a pattern of order with geopolitical effects. Noting the imperial form’s proclivity for expansion from a critical reading of historical sociology, the article argues that the principal manifestation of earlier geopolitics lay not in the nation but in empire. That in turn has been driven by a view of the world as disorderly and open to the ordering will of empires (emanating, at the time of geopolitics’ inception, from Europe). One implication is that empires are likely to figure in the geopolitical ordering of the globe at all times, in particular after all that has happened in the late twentieth century to undermine nationalism and the national state. Empire is indeed a probable, even for some an attractive form of regime for extending order over the disorder produced by globalisation. Geopolitics articulated in imperial expansion is likely to be found in the present and in the future – the EU, and still more obviously the USA exhibiting the form in contemporary guise. This does not mean that empires figure in geopolitics simply by extending their own order, however; they are at least as much purveyors of other dynamics and orders, which possess their own discrete effects. The article ends with stipulations regarding the variety of forms that empires may take: neither fully bounded nor centred; neither straightforwardly self-serving nor easily made legitimate.


David S. Trigger and Cameo Dalley, ‘Negotiating Indigeneity: Culture, Identity and Politics’, Reviews in Anthropology 39, 1 (2010).

Abstract:

Defining “indigeneity” has recently been approached with renewed vigor. While the field can involve quite passionate commitment to advocacy among scholars, theoretical clarity is needed in understanding just who might be thought of as indigenous, and the reasons why this is so. Does “indigeneity” make sense only if it is understood in relation to the “non-indigenous,” and if so, how useful is the latter category across societies and nations with very different cultural histories? Two edited volumes, one which addresses this question in global perspective and another focused exclusively on Australia, are reviewed and contextualized within broader debates.

Keywords: archaeology; Australia; cultural identity; indigenous peoples; nativeness


Desmond Manderson, ‘Not Yet: Aboriginal People and the Deferral of the Rule of Law’, Arena, October 2009.

From the ‘War on Terror’ to Malaya and Pakistan the language of ‘emergency’ has been used to suspend legal principles. Closer to home, legislation enacted in August 2007 has profoundly changed the treatment of large numbers of Aboriginal people in the Northern Territory in Australia argues Desmond Manderson

Manderson makes a pretty interesting argument here, linking Agamben’s idea of the state of exception, with a historical account of the selective extension – and deferral – of the rule of law to Australian Aboriginal people. Manipulating legal regimes to create and sustain juridical blind spots was an important strategy, he argues, before jumping to present day turmoil of contemporary political disaster, namely the Northern Territory Intervention, where he offers his solutions to the problem. These should not surprise readers of Arena too much.

What is surely interesting is his interest in historical trends and theory, before reaching these conclusions. The more of this the better.


Yet another game with settler colonial theme. While the post-Orientalism settler world has slowly moved towards the non-trivialisation of indigenous culture in the grown-up realms of culture, it seems that kids are considered okay targets for this continuing sort of nonsense.

Eric Tucker, ‘Settler vs. Indians board game rankles tribes’, associated press:

One player wins by capturing King Philip and Canonchet, the chief of the Narragansett tribe, the other by capturing Boston and Plymouth Colony. Historical figures are represented, including Josiah Winslow, the Plymouth Colony governor, and Benjamin Church, who led settlers into battle.


Love this. Buy it for your kids.


Jeanne M. Penvenne, Review Article: Valdemir Zamparoni. De escravo a cozinheiro: Colonialismo & racismo em Moçambique. Salvador: Editora da Universidade Federal da Bahia, 2007. Maps, illustrations, tables. 338 pp. no price listed (cloth), ISBN 978-85-232-0440-2.

The book’s structure is essentially cross-chronological: four chapters, an introduction, a two-page conclusion, and a bibliography. Chapter 1 is the most chronological, but subsequent chapters are thematic, with supporting evidence in somewhat, but not consistent, chronological order. Chapter 1, “From the slave trade to conquest,” considers transforming slaves into contract workers. Chapter 2, “Mechanisms for domination,” highlights the moral obligation to work; the creation of natives; hut taxes; expropriation of the best or most economically attractive lands; early dispossession and monopoly crop/product schemes that supported white settlers with black land and labor; and the simultaneous disadvantaging of black farmers, workers, and businesses. Chapter 3, “Forced labor: Theory and practice,” considers prison labor, forced labor, corporal punishment, wage and benefit fraud, abuse of women and children’s labor, the relationship between forced and migrant labor, mission supported “native farmer” schemes, labor control systems, and popular strategies to evade what I called the engineering of inequality. Chapter 4, “Volunteer labor,” returns to the relationship between mine migration to South Africa and labor conditions in Mozambique, and then turns to labor in Lourenço Marques. This chapter contrasts assumptions, practices, and conditions for black and white workers whether employed or unemployed. It closes with closer attention to the specific challenges of urban African women.


The latest on the Israeli Pass System, from BBC News:

Israel has imposed a military order which rights groups say could see tens of thousands of Palestinians deported from the occupied West Bank.

[…]

It classifies people without the right Israeli paperwork as “infiltrators”.

[…]

The wording of the order, known as the Order Regarding Prevention of Infiltration, has been amended from when it was originally drawn up in 1969.

The definition of “infiltrator” was then: “A person who entered the area knowingly and unlawfully after having been present in the east bank of the Jordan, Syria, Egypt or Lebanon following the effective date (of the order being given).”

Under the new order this is to be changed to: “Infiltrator – a person who entered the area unlawfully following the effective date, or a person who is present in the area and does not lawfully hold a permit.”